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7 May 2018, 7:39 am
Along the way, the Court provided a helpful analysis on the enforcement of arbitration agreements and the importance of delegation clauses in this context (i.e., a provision explaining that the arbitrator, not the court, must decide all issues regarding arbitrability, including whether the parties agreed to arbitrate and whether the claims at issues are subject to arbitration). [read post]
30 Aug 2022, 4:45 am
An Order issued last week1 sent a Hurricane Laura claim to arbitration despite Louisiana having a Code that prohibits arbitration. [read post]
16 Apr 2013, 7:26 pm
The parties’ agreement contained an arbitration provision. [read post]
11 Jul 2012, 11:25 am
The case progressed through the individual arbitration process, pursuant to a mandatory arbitration clause. [read post]
18 May 2016, 2:51 pm
” Forced arbitration is all three. [read post]
17 Nov 2023, 4:00 am
(Note that I am not able to provide reasons for decisions based on information received at the mediation phase of a mediation-arbitration process.) [read post]
1 Aug 2016, 1:02 pm
., ___ Cal.4th ___ (Jul. 28, 2016), the Supreme Court considered who decides whether an arbitration agreement prohibits or allows class arbitration: the arbitrator, or the court? [read post]
5 Apr 2023, 9:27 am
Board of Directors of Triad Manufacturing, Inc., which involved similar claims and a similar arbitration provision. [read post]
9 Jul 2009, 5:13 pm
Say you win an arbitration. [read post]
27 Apr 2011, 3:54 pm
The bill, first introduced in 2007, would ban forced arbitration clauses in employment, consumer, and civil rights cases. [read post]
24 Jun 2010, 9:24 pm
Here is the abstract: This article examines the issue of monetary compensation awarded by arbitral tribunals for moral damages suffered by foreign investors in the context of investor-State arbitration. [read post]
3 May 2007, 7:38 am
Lafleur shall be resolved by binding arbitration pursuant to the Federal Arbitration Act in accordance with the Commercial Arbitration Rules then in effect with the American Arbitration Association. [read post]
6 Feb 2012, 8:15 am
Circuit found that the arbitral panel had exceeded its authority by accepting the case... [read post]
7 Apr 2020, 3:55 am
For the companies on the other side of the arbitration clause, the initial problem was paying the arbitration fees. [read post]
23 May 2018, 6:16 am
The trial court evaluated the arbitration agreement Varela had signed and sent his suit to arbitration, yet allowed him to proceed on a class basis. [read post]
9 Jan 2012, 9:05 am
Many arbitration agreements preclude not only class actions in court, but also class or collective arbitration proceedings. [read post]
29 Sep 2021, 7:36 pm
The Kluwer Arbitration Practice Plus (KAPP) platform launched in 2019 as an add on to Kluwer Arbitration. [read post]
29 Sep 2021, 7:36 pm
The Kluwer Arbitration Practice Plus (KAPP) platform launched in 2019 as an add on to Kluwer Arbitration. [read post]
19 Dec 2016, 6:00 am
Despite its global significance, arbitral decision making is a black box. [read post]
25 Jun 2013, 4:00 am
The decision means that plaintiffs’ lawyers and consumer groups may now view the CFPB’s arbitration study as their best hope for restricting the use of mandatory arbitration agreements. [read post]
